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THE GAZETTE

Wednesday, February 5, 2014 z

Police release photos of suspect in Gaithersburg grocery robberies The man robbed the store on Jan. 17 and Jan. 24, police say

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MONTGOMERY COUNTY POLICE

Two robberies occurred at the Choice Market in Gaithersburg on Jan. 17 and Jan. 24. Detectives believe that the same man is responsible for both of these robberies.

register. He took an undisclosed sum of cash and fled from the store again. Police describe the man as between 5-feet-6-inches and 5-feet-9-inches tall, and weighing 180 to 210 pounds. During the first robbery, the man wore a dark-colored knit hat, a dark-colored bandana over his face and an Orioles jacket, according to police. In

Frosh, Simmons aim for a dog-bite solution Lawmakers hope bill will address Court of Appeals ruling on liability n

BY

RYAN MARSHALL STAFF WRITER

A bill backed by Montgomery legislators may help resolve whether certain breeds of dogs carry greater liability for their owners. The state has been trying to figure out how to handle dog attacks since a 2012 Maryland Court of Appeals decision. The court ruled that the owners of dogs or the property where they live are liable for injuries sustained if a dog bites someone. There has to be proof that the owner knew that the dog was a pit bull or a mixed-breed pit bull. The court decision was later altered to apply only to purebred pit bulls. The decision drew criticism from legislators, dog lovers and animal rights groups. Since then, the General Assembly has tried to create a new standard. Now, Sen. Brian Frosh (DDist. 16) of Bethesda and Del. Luiz R.S. Simmons (D-Dist. 17) of Rockville hope to break through the impasse. Their bill, cross-filed in the House and Senate, increase protections for victims of dog bites by not requiring them to prove in civil actions that an owner knew or should have known the dog was dangerous, Simmons said. The bills also let an owner call witnesses to testify that the dog was friendly and not dangerous and that the incident was isolated or unpredictable. “Every case becomes a jury question [to figure out],” Simmons said. Frosh said he believes the bill is fair to all parties connected to a dog bite and “goes straight down the middle” between victims and dog owners. Dog bites make up about 0.2 percent of total injuries from external causes — including vehicle crashes, slipping and falling, and other reasons — that required hospitalization, Simmons said. Between 2005 and 2011, there was one death in Maryland from a dog bite, compared with about 5,000 deaths from motor vehicles, he said. A hearing on the Senate version of the bill is scheduled for Thursday in the Judicial Proceedings Committee. Simmons said he hopes the bill will “move the ball forward” on the dog issue and break through the impasse the issue has created. Meanwhile, a bill sponsored by Del. Sheila E. Hixson (D-Dist. 20) of Silver Spring would nullify the Court of Appeals pit bull ruling by declaring that no dog can be determined to be potentially dangerous based solely on its

Police investigate Gaithersburg, Rockville break-ins Each time, man fled with cash, other merchandise from businesses n

BY JENN DAVIS STAFF WRITER

BY JENN DAVIS STAFF WRITER

Montgomery County Police are looking for a man they say robbed a Gaithersburg grocery store twice in the last two weeks. The robberies occurred on Jan. 17 and Jan. 24 at Choice Market at 18700 Walkers Choice Road, according to police. In the first incident, police said the man entered the store around 6:30 p.m. and asked the cashier for cigarettes. When the cashier opened the register, the man brandished a handgun and demanded money. The man took an undisclosed amount of cash and fled from the store. Exactly one week later around 1 p.m., police said the same man entered the store, brandished a handgun and demanded money from the cash

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breed, type or heritage. House Majority Leader Kumar Barve (D-Dist. 17) of Gaithersburg and Del. Benjamin F. Kramer (D-Dist. 19) of Silver Spring are among the co-sponsors. The bill would prohibit counties, municipalities or property owners from refusing to let residents own certain types or breeds of dogs. Hixson, a long-time dog lover who said her granddaughter owns a pit bull, said she believes that supporters “have a shot” at getting the bill passed this year. “These dogs aren’t born that way. They’re trained,” she said. A number of states have laws that say prohibitions on dogs can’t be breed-specific, she said. Simmons said Hixson’s bill is well-intentioned, but it was essentially tried several years ago when the issue first came up and did not have enough support in the Senate. The Senate hasn’t given any indication it’s willing to consider a bill that would repeal the court’s decision, Simmons said. Hixson said she believes her bill differs from previous legislation in that it would apply statewide rather than leave the issue up to each county. She said she’s talked with Simmons and Frosh about potentially adding parts of her legislation to their bill. rmarshall@gazette.net

the second robbery, police said he wore a black bandana over his head, a white bandanna over his face and a green winter jacket with a black stripe. Police did not have any additional information Wednesday afternoon. Anyone with information about the robberies should call Crime Solvers of Montgomery County at 866-411-8477. Crime Solvers will pay a cash reward of up to $10,000 for information provided to them that leads to an arrest and/or indictment in the cases. jedavis@gazette.net

Montgomery County Police are investigating a series of commercial burglaries throughout Gaithersburg and Rockville. Police said the burglaries occurred on Dec. 10 and Dec. 11, and the same man is believed to be responsible for all of the incidents. Shortly after 11:30 p.m. on Dec. 10, officers responded to the BP gas station at 16210 Frederick Road for a commercial burglary alarm, according to police. Upon arrival, officers determined the business had been burglarized. Around the same time, police said multiple commercial burglary alarms were set off at several businesses along Frederick Road. Police discovered burglaries at those locations, too.

MONTGOMERY COUNTY POLICE

Montgomery County Police released this photo of a man they say is behind a series of commercial burglaries that occurred on Dec. 10 and Dec. 11.

The other burglaries occurred at: • Dunkin Donuts, 16220 Frederick Road, Suite 104, Gaithersburg. • Express Pharmacy, 16220 Frederick Road, Suite 100, Gaithersburg. • Shell gas station, 15701 Frederick Road, Rockville. Five additional burglaries allegedly committed by the same man are under investi-

gation by the Gaithersburg Police Department and Rockville City Police Department. The burglaries occurred at: • Corner Bakery, 1 Grand Corner Ave., Gaithersburg. • Lindt Chocolate, 3 Grand Corner Ave., Gaithersburg. • Taco Bar II, 10003 Frederick Road, Gaithersburg. • Subway, 15106B Frederick Road, Rockville. • Kwik Stop Beer and Wine, 15104 Frederick Road, Rockville. In each of the incidents, the man gained entry into the businesses and stole cash and other merchandise. Police did not have any additional information Tuesday afternoon. Anyone with information regarding these burglaries or the identity of the subject is asked to call Crime Solvers of Montgomery County at 866-411-8477. Crime Solvers will pay a cash reward of up to $10,000 for information provided to them that leads to an arrest and/or indictment in the cases. jedavis@gazette.net

Leventhal: Change process for executive vacancy Proposal would allow special elections, such as current process used for council openings n

BY

RYAN MARSHALL STAFF WRITER

Montgomery County voters soon may have a new way to choose a county executive if the seat is vacated in the middle of a term. On Jan. 28, County Council Vice President George Leventhal wrote to Montgomery’s House and Senate delegation leaders, asking about a possible state constitutional amendment for a special election if an executive leaves office. An amendment would let the county change its charter or county code to allow a special election. The letter was endorsed by the other council members,

but was sent before the council voted on Jan. 28 to appoint Cherri Branson to its District 5 seat. Del. Anne Kaiser (D-Dist. 14) of Silver Spring, the chair of Montgomery’s House delegation, said Thursday she was drafting legislation to create a structure for filling executive vacancies that parallels the one for those on the council. The county charter currently allows for a special election to fill a vacant seat on the County Council if the opening occurs before Dec. 1 in the year before an election is scheduled. But the charter requires that county executive vacancies be filled by a vote of at least five members of the nine-member council. If an appointment isn’t made within 45 days, the council must appoint a nominee chosen by the county central committee of the elected executive’s political party.

Leventhal said Thursday that it’s odd there would be a special election for council seats, but voters would have no say in the replacement of an executive. He said he was partially motivated by the resignation of Anne Arundel County Executive John Leopold, who left office after his conviction in January 2013 for misusing his security detail for political activities and other improper activities using security staff and county employees. The resignation in January of former District 5 Councilwoman Valerie Ervin to take a job as executive director of a New York nonprofit also influenced his decision, highlighting the absence of a special-election process for county executive, Leventhal said. Maryland law currently requires all state and county elections to be held every four years on the date of the congressional elections. The only exception is for a special election to fill a

council seat. “Because I believe that the voters of the County should have the same opportunity to fill a vacancy in the position of County Executive as they do for a Councilmember, I ask if there is interest on the part of members of the delegation to pursue the necessary amendments to the Maryland Constitution and Code to make this a possibility,” Leventhal wrote. If the state law were amended, the county could pursue changing the charter and county code amendments needed to make the process to fill the executive post the same as it is for a council opening, he wrote. Kaiser said she expected the bill to come back to the county delegation by Friday for approval to be introduced, and have a hearing scheduled for Feb. 14. She said she also would request a review of the legislation by the attorney general’s office.

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